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Patna High CourtCR. MISC./7086/2019bail granted

Banka Ray @ Tarkeshwar Ray @ Sambha Rai v. The State Of Bihar

2019-02-13Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7086 of 2019 Arising Out of PS. Case No.-271 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== Banka Ray @ Tarkeshwar Ray @ Sambha Rai, Age-53, Male, son of Late Sarju Ray Resident of village-Purushottampur (Bahoranpur) P.S.-Shahpur, District-Bhojpur ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Jee Mishra, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 353, 307, 384 of the Indian Penal Code and 27 of the Arms Act. Although, petitioner is named in the first information report but no specific overt-act has been attributed against him and having more or less similar allegation, several co-accused have already been granted either regular or anticipatory bail by different Benches of this court.

Earlier this petitioner had filed Cr. Misc. No. 67596 of 2018 for grant of anticipatory bail but during pendency of aforesaid Cr. Misc. No. 67596 of 2018, petitioner surrendered

Patna High Court Cr.Misc. No.7086 of 2019(2) dt.13-02-2019 2/2 before the trial court and accordingly, Cr. Misc. No. 67596 of 2018 stood dismissed being infructuous.

Although, the present petition is not a tied-up matter but even then the present petition has been listed before this Bench as tied-up matter. In the aforesaid circumstance, I think it proper to pass appropriate order on this petition instead of directing the office for listing this petition before appropriate Bench.

Accordingly, it is ordered that petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-14, Bhojpur at Ara in connection with Shahpur (Bahoranpur O.P.) P.S. Case No. 271 of 2018. (Hemant Kumar Srivastava, J) shahzad/- U T